What Happens When You Violate a Protective Order in Connecticut?

Connecticut courts issue protective orders to prevent harassment and other abusive conduct. Violating a protective order is a serious criminal offense, and courts can impose harsh penalties. Individuals charged with violating a protective order should immediately seek legal representation from an experienced criminal defense attorney.

Key Takeaways

• Connecticut courts can issue three different types of protective orders.
• In Connecticut, violating a protective order is a Class D felony, punishable by up to five years in prison and a $5,000 fine.
• Unfortunately, some people claim a violation of a protective order to gain leverage in a family law case or other domestic matter.
• Individuals charged with violating a protective order in Connecticut should seek legal representation from an experienced criminal defense attorney.

What Types of Protective Orders Are Available in Connecticut?

Connecticut courts issue three different types of protective orders:

• A Civil Restraining Order or Relief From Abuse Order is issued by a Connecticut family court judge to prevent physical abuse, stalking, or a pattern of threatening conduct by a family or household member.
• A Civil Protection Order is issued by the Superior Court to protect victims of stalking, sexual abuse, or sexual assault who are not eligible for a Civil Restraining Order. These orders can be put in place regardless of whether an arrest was made.
• A Criminal Protective Order is issued by a criminal court in cases that involve criminal charges of violence, threats, or stalking.

Violating a protective order is a crime, and a conviction carries severe penalties.

Penalties for Violating a Protective Order

Someone who violates a protective order can face criminal charges for a Class D felony, which carries penalties of up to five years in prison and a $5,000 fine. If the violation involved restraining the liberty of someone protected by the order, or threatening, harassing, assaulting, molesting, sexually assaulting, or attacking someone protected by the order, the violation can be charged as a class C felony, punishable by 1 to 10 years and a $10,000 fine.

How Prosecutors Prove Violation of a Protective Order in Connecticut

Under Connecticut General Statutes § 53a-223, violating a protective order is chargeable as a separate criminal offense. To prove a violation of a protective order, the prosecuting attorney must establish all of the following elements, beyond a reasonable doubt:

1. The court issued a protective order
2. The defendant knew of the protective order
3. The defendant violated some aspect of the protective order

What If the Allegations of Violating a Protective Order Are False?

In some situations, allegations that someone violated a protective order are false or are made in an attempt to gain leverage in a domestic dispute. Nonetheless, individuals who have had a protective order issued against them should know that a person protected by a protective order cannot be prosecuted for violating it or conspiring to violate it. Likewise, the protected person cannot give the person subject to the protective order permission to engage in conduct that would violate it. Only the court that issued the protective order can modify its terms or terminate it.

Defending Against Criminal Charges for Violating a Protective Order

Defenses to criminal charges for violating a protective order include:

• The defendant did not know of the protective order
• The protected individual used the protective order as a “sword” not a “shield”
• The alleged violation was minor
• The defendant did not intend to violate the protective order
• The victim is lying
• The protected individual is trying to use the alleged violation of the protective order as leverage in a family law matter or custody dispute

How a Criminal Defense Attorney Can Help

The laws governing Connecticut protective orders can be complex, and the circumstances that lead to allegations of violating a protective order are often nuanced. When someone is accused of violating a protective order, the judge tends to side with the protected person and is inclined to find the defendant guilty. Overcoming this bias requires assistance from experienced legal counsel who can mount a comprehensive defense to combat criminal charges for violating a protective order.

Contact The Lebedevitch Law Firm Today

The Lebedevitch Law Firm is based in Fairfield, Connecticut, and represents people accused of violating protective orders and other criminal charges in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut.

Contact The Lebedevitch Law Firm today to schedule an appointment to discuss your situation and how we can assist you.